2010No234 Violation of the Public Official Election Act

1. Former 00 (55*********) and non-occupationals

Housing Daegu Suwon-gu Hodong-dong

Gyeongsan-si, Gyeongsan-si

2. Kim00 (72********) and non-occupationals

Housing Gyeongsan-si Masan-dong

Reference domicile Chungcheongnam-do Mt.

3. Lee 00 (70*****-2***) and note

Residential Gyeongsan-si Gyeongsan-dong

[Attachment] Cheongcheon-do, Cheongcheon-si, Cheongcheon-do

4. Operation of Professor00 (64*********) and Taekwondo ground management.

Residential Gyeongsan-si;

Reference domicile Gyeongbuk-gun, Gyeongbuk-gun

5. 이 ㅈ ㅎ (79****-1*** ***), 학생

Residential Gyeongsan-si 000

Receipt of the place of registration at the time of astronomical origin

6. Gambling0 (84*********), and students.

residence and place of registration Gyeongsan-si in Gyeongsan-si

7.Ł00 (79****-1******), 7]2

Residence, Busan Northern-gu, Busan 3 Dong

Standard place of registration Mai- Eup Mai-ri

Defendants

Kim Jin-hun

변호사 김달희(피고인 전OO, 김OO, 이00,조00, 이즈ㅎ,박00

for the purpose of this section)

Daegu District Court Decision 2010Gohap91,144 (Consolidated) Decided May 19, 2010

July 22, 2010

The part of the judgment of the court below against Defendant 00, 100, 200, 200, and 200, shall be reversed.

피고인 이00, 초00, 이ㅈㅎ, 박OO에 대한 형의 선고를 각 유예한다 .

From 00-ro to 10,291,115 won, from 00 to 3,835,319 won, and the place of the defendant's transfer

6,300,000 won from agriculture, and 3,800,000 won from Defendant Park 00 shall be collected respectively.

All appeals by Defendant 200, Kim00, and No.00 are dismissed.

1. Summary of grounds for appeal;

Considering the contents and circumstances of the instant crime, etc., the Defendants were sentenced to a fine of KRW 6,00,00 and KRW 10,001.115, Defendant Kim00: fine of KRW 5,000,000 and KRW 20,181,769; fine of KRW 3,000,000; fine of KRW 3,000,000; fine of KRW 10,291,115; fine of KRW 2,00,000; fine of KRW 3,835,319; fine of KRW 2,50,000; penalty of KRW 6,30,000; penalty of KRW 6,30,000; and penalty of KRW 2,000; penalty of KRW 30,000; and penalty of KRW 30,000; penalty of KRW 30,300; and penalty of KRW 300,300.

It is recognized that the defendants are often divided into their mistakes, and that there is no record of criminal punishment other than punishment or fine.

However, in order to realize the fairness of election, the Public Official Election Act prohibits anyone who runs a newspaper, magazine, etc. from receiving money, valuables, or other benefits in connection with the campaign regardless of the pretext of allowances, actual expenses, etc. In addition, the Public Official Election Act prohibits anyone who runs a newspaper, magazine, etc. from receiving money, valuables, or other benefits in connection with the election campaign, and prescribes that money, valuables, or other benefits received as above be necessary.

Nevertheless, Defendant Jeon Soo-tae, Kim 00, Lee 00, Cho 00, Lee Jong-soo, and Park 00, who wishes to be a candidate for the Simsan market, are able to carry out an election campaign and receive money in return, while working for the Simsan Research Institute established and operated in order to carry out an election campaign. In addition, Defendant No. 00, as a reporter, helps to carry out an election campaign for the Simsan by gathering and reporting Kim Jong-sung as a reporter, and received money in return. Considering the provisions of the Public Official Election Act and the legislative intent thereof, the Defendants cannot be held liable for such election campaign.

However, Defendant 00 is an office cleaning and telephoneing, and Defendant 10 is recommended and contacted by a person who helps people to assist in an election campaign, and Defendant 20 is recognized as a relatively minor part of his role, such as collecting data and conducting dysing work through Internet search.

In addition to this point, in full view of all the circumstances that form the conditions for sentencing, including the status and role of the Defendants in the instant crime, age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, and the value of the money and valuables received by the Defendants, which are necessary to collect, as well as the amount of money and valuables received by the Defendants, etc., the sentencing of the lower court on the 00,000 and 00 is not recognized as unfair because it is too unreasonable. However, the lower court’s sentencing on the 00, 00, 00, 00 is recognized as being too unreasonable.

3. Conclusion

Therefore, since the appeal by Defendant 00, Kim00, and No. 000 is without merit, all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Since the appeal by Defendant 00, Cho 00, Lee Intelligent and Park Park 00 is with merit, the part of the judgment of the court below regarding Defendant 00, Cho 00, and Park 00 among these shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the summary of criminal facts and evidence shall be determined again as follows.

이 법원이 인정하는 피고인 이00, 조00, 이 ㅈㅎ, 박OO에 대한 범죄사실과 그에 대한 증거의 요지는 원심판결의 각 해당란 기재와 같으므로, 형사소송법 제369조에 의 하여 이를 그대로 인용한다.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 230(1)5 and 230(1)4 of the Public Official Election Act and Article 135(3) of the same Act (Appointment of fines); 1. Attraction of a workhouse (Defendant 00, 100, 200)

Articles 70 and 69(2) of each Criminal Code (50,000 won per day)

1. Suspension of sentence (the defendant, 00, 100, 200, 200);

Article 59 (1) of the Criminal Act

【Pronouncement of Pronouncement】

○ Defendant 00: Fines 3,000,000

○ Defendant 1: Fines 2,000,000

○ Defendant business: Fines 2,500,000

○ Defendant Park 00: Fines 2,000,000

1. Additional collection (the defendant Lee 00, Cho 00, Lee Intelligent, Park 00);

The proviso to Article 236 of the Public Official Election Act

Voluntary Retirement (Presiding Judge)

Rapped money exchange

Senior Security Officer;